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Colorado reacts to Supreme Court ruling in favor of gay marriage

A couple celebrates upon hearing the U.S. Supreme Court's rulings on gay marriage in City Hall June 26, 2013 in San Francisco, United States. The high court struck down DOMA, and will rule on California's Prop 8 as well. (Justin Sullivan, Getty Images North America)

Colorado gay-rights advocates reacted with joy and anticipation over two U.S. Supreme Court decisions Wednesday that sided with gay-marriage and against the federal Defense of Marriage Act and California's Proposition 8.

Pro-gay marriage rulings come as a symbolic victory and motivating factor, after the Colorado General Assembly approved civil unions in March, granting same-sex couples their first legal recognition in this state.

"Obviously today's ruling only confirms the support for full marriage equality that's sweeping," said Brad Clark, executive director of One Colorado, the advocacy arm of a coalition of gay-rights groups in the state. "Colorado is ready to have that conversation, and we're ready to have that conversation with them."

"Obviously today's ruling only confirms the support for full marriage equality that's sweeping. Colorado is ready to have that conversation, and we're ready to have that conversation with them." — Brad Clark, executive director of One Colorado

Mindy Barton, legal director for the the GLBT Community Center of Colorado, said the details of the ruling and its interpretation in court could apply to directly to future court issues for Coloradans.

Also, those living in Colorado but married in other states could now be entitled to federal benefits and protections.

"In Colorado, we have strong civil unions in place now," Barton said. "With this ruling, I think this state can confidently continue on the path to full marriage equality."

For Sonja Semion and Courtney Law, Wednesday's ruling was further ratification of their relationship.

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"This is further recognition of the work that's been happening at the state level, with civil unions in Colorado and other states," said Semion. "It makes me hopeful that our relationship can be recognized on a federal level so these rights don't stop at the state line."

Moreover, Catriona Dowling and Cathy Davisof Boulder had their home riding on the outcome of the court's ruling on DOMA.

The couple was married last year in Iowa, though Cathy, a nurse and a citizen of Ireland, is living in the United States on a work visa with Catriona and their three children.

Michael Knaapen, left, and his husband John Becker, right, embrace outside the Supreme Court in Washington, Wednesday, June 26, 2013, after the court cleared the way for same-sex marriage in California by holding that defenders of California's gay marriage ban did not have the right to appeal lower court rulings striking down the ban. (Charles Dharapak, Associated Press)

Despite the best efforts of their congressman, Jared Polis, the couple's marriage is not recognized at the federal level, which blocks Cathy's application for a green card.

"We're over the moon," Dowling said Wednesday, shortly after rulings. "We're so excited. It's what we wanted and what we needed.

"Based on how society has shifted, it's what was expected."

She disagreed with dissenting justices who saw the issue as one of morality.

"It's not a morality or sexuality issue," she said. "It's a family issue."

Colorado's U.S. Sen. Michael Bennet said in a statement that the Supreme Court had taken "a historic step forward for civil rights."

American University students Sharon Burk, left, and Molly Wagner participate in a rally for rights for gay couples in front of the Supreme Court in Washington, Wednesday, June 26, 2013, after the court cleared the way for same-sex marriage in California by holding that defenders of California's gay marriage ban did not have the right to appeal lower court rulings striking down the ban. (Charles Dharapak, Associated Press)

"The Supreme Court's decision affirms that all couples, regardless of their sexual orientation, deserve the same rights and opportunities under the law that my wife and I enjoy," he said. "The Defense of Marriage Act was a discriminatory law that unfairly treated LGBT couples differently, and has rightly been relegated to the dust bin of history."

Nathan Woodliff-Stanley, executive director of the American Civil Liberties Union of Colorado, called Wednesday "a great day for equality."

"In Colorado, we recently made important progress by allowing same-sex couples to enter into civil unions," he said in a statement. "But civil unions are not the same as marriage, and won't qualify couples for all the federal benefits that marriage would. Today's decision only holds some promise for those same-sex couples living in Colorado who married elsewhere: the federal government will recognize their marriage in certain instances

"But this decision does not allow same-sex couples to marry in Colorado and it does not change the fact that many married same-sex couples living in Colorado are not considered married by our state."

Eight other states, including Colorado, recognize either civil unions or domestic partnerships. Colorado also is one of the 30 states that ban same-sex unions in their constitutions.

While the Colorado legislature granted civil unions and state recognition, most of the legal benefits and tax breaks granted to couples originate at the federal level and remain out of reach for Colorado gay couples.

"It's a tax on being who you are," Wade Johnson of Lakewood said during PrideFest in Denver earlier this month.

The savings for he and his partner would be hundreds of dollars a year if they could file joint tax returns and recoup other benefits available to heterosexual couples.

"Why don't they say everyone with blond hair can't claim a tax exemption on their home mortgage? Not fair."

For Nicole Garcia of Louisville, who is transgender, the issues now pivot to what's next.

"I'm very happy about today, because I think it's going to open up a lot of conversations and issues to keep working on," she said. "Success has a way of killing momentum, so when you reach an important goal, it's important that you have a focus on what's next."

Garcia said implementing the laws granted by Wednesday's rulings, as well as making access to health care for LGBT Coloradans, are the highest priorities for advocates and lawmakers.

To overturn the amendment would take a two-thirds majority in each legislative chamber, which isn't yet likely, said House Speaker Mark Ferrandino, D-Denver, said before Wednesday's rulings. A petition to put it on the ballot is more likely, he said, adding that he expects full marriage in Colorado within a decade.

"If the law is going to grant special privileges and responsibilities to couples, then it must grant them without discriminating on the basis of sex," Ferrandino, who is gay, said in a statement released by the House Democrats communications office. "Our love is the same as everyone else's love. Our families are the same as everyone else's families."

"Our nation's history tells us that the expansion of civil rights doesn't happen automatically or overnight, But I am confident that this ruling is a big step toward a new era of equality and respect across America. Now that the Supreme Court has ensured that the federal government can't discriminate against same-sex couples who are married, it is more important than ever that we continue the fight for the freedom to marry in Colorado."

Public opinion has shifted since the Defense of Marriage Act was passed 17 years ago and Colorado's Amendment 43 was approved seven years ago.

A poll released two months ago indicated that Colorado residents now support gay marriage 51 percent to 43 percent. Among voters younger than 30, it passes by a 74 percent to 17 percent spread, according to left-leaning Public Policy Polling.

Public opinion doesn't always translate to voter opinion on Election Day, said Denver pollster Floyd Ciruli. If gay marriage was put to a voter next year, it would be close, he said.

Catholics, including those who are older and those identify as more liberal and Democrat, would be less likely to support it. Latino and African-American voters also have traditionally opposed gay marriage. African-American voters have shifted since President Obama said last year his opinion on the issue had "evolved," Ciruli said.

Those demographics, however, have shifted along with the rest of society. Latinos younger than 30, for example, support gay marriage by better than 65 percent, which tracks with the rest of young voters on the issue in Colorado.

"You can no longer make a blanket statement that says Latino voters, because of their Catholic upbringing, are more likely to be conservative and more likely to vote against gay marriage and other issues," Ciruli said.

In 2012, when it appeared Democrats had attracted enough cross-over votes to pass civil unions, Republican House Speaker Frank McNulty pocketed the bill in the last days of the legislative session, effectively killing it.

Democrats won control of the state House in last November's election.

State Rep. Carole Murray, R-Castle Rock, flipped her support for civil unions. opposing it in 2012 and supporting it in 2013.

"I felt civil unions were appropriate, but I won't be voting for gay marriage," she said. "I think the word marriage and the concept behind it are religious institutions that should be respected as the union of a man and a woman."

Murray expects a robust debate, if same-sex marriages come to a vote in Colorado again.

"Before we make changes we need to have a discussion about what marriage means," she said. "At some point we have to draw a line between civil agreements with government intrusion, and what is a religious institution."

Public opinion has shifted since the Defense of Marriage Act was passed 17 years ago and Colorado's Amendment 43 was approved seven years ago.

A Washington Post-ABC News poll earlier this month indicated 57 percent of Americans support giving the same benefits to legally married gay couples as those granted by heterosexual marriage, up from 37 percent in 2003.

Federal recognition would allow couples to share Social Security, disability or retirement benefits, worker's compensation and family and medical leave, as well as joint federal income tax returns.

Civil unions and gay marriages are not recognized by all states, so if couples relocate, their union is not legally recognized in their new state.